Introduction

This User Agreement (hereinafter referred to as “Terms and Conditions”) is a contract between you and Mama Mboga Limited (hereinafter Mama Mboga) which governs your use of the mama Mboga account and services. Please read and understand the terms and conditions contained in this agreement before being agreed to be bound by its terms.

1. The term “You” refers to all individuals and/or entities accessing the mama Mboga Website/Mobile Application/ accounts for any reason.
2. The terms “we” and “Mama Mboga” are used interchangeably and refer to Mama Mboga Limited itself and all individuals and/or entities acting directly on behalf of Mama Mboga.
3. These Terms apply in full force and effect to your use of the Mama Mboga Account and services and by using this Website or any of its online platforms, you expressly accept all terms and conditions contained herein in full. 
4. If you disagree with the contents of this agreement, you should not accept the terms and conditions set in this agreement and as a consequence, you shall be unable to use the Mama Mboga account and services. If you have any other concern, please email our customer care team on customercare@jambopay.com or call us on the following telephone number +254 70 9920000.

Our Relationship

1. Mama Mboga is a multi-vendor platform that allows and enables you to buy and sell your products online. Mama Mboga is an independent contractor for all purposes. We do not have control of, or liability for, the products and services that are sold on the platform.
2. Privacy: Protecting your privacy is very important to Mama Mboga. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
3. Notices to You: You expressly consent to have Mama Mboga send communications regarding your account and services electronically. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to your email or SMS it you. 
4. Processing of Payments: You agree to your payments being processed through the JamboPay gateway. JamboPay is an affiliate of Mama Mboga and a Payment Service Provider licenced by the Central Bank of Kenya.
5. Government participation: You acknowledge the involvement of the County Government in the provision of the services herein, specifically the free internet provision.

Accounts

1. Eligibility: To open a Mama Mboga Account or to use our Services, you should be at least eighteen (18) years old. 
2. Opening a Mama Mboga account: You may open an account electronically through our Web Portal Channels. 
3. Identity Authentication: You authorize Mama Mboga, directly, through third parties or otherwise to make any necessary inquiries to validate your identity. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you, requiring you to take steps to confirm ownership of your email address/phone number or financial instruments or verifying your information against third party databases or through other sources. We reserve the right to close, suspend, or limit access to your account and/or the Mama Mboga services in the event we are unable to obtain or verify this information.

Dormant and Deceased persons accounts

If you fail to initiate any transactions or log in to your account for a period of two (2) years, Mama Mboga shall presume your account dormant, and will initiate the legal procedures that will culminate to closure of your account.

Warranty Disclaimer

1. Mama Mboga will always ensure that the website is available at all times and bug free. However, it is used at your own risk. 
2. This website/ mobile application/Mama Mboga services are provided “as is” without any representations or warranties, express or implied. 
3. Without prejudice to the generality of the foregoing paragraph, Mama Mboga does not warrant that: this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. 
4. Your use of our services are at your own risk and you alone will be responsible for any damage that results in loss of data or damage to your computer system.

Term and Termination

1. This Agreement shall commence from the date of use of the Mama Mboga Website/Services and account opening. 
2. This Agreement shall terminate immediately upon any of the following circumstances:
   • If you close your account; 
   • If you go into liquidation either compulsory or voluntary or if a receiver is appointed in respect of all or any of your assets; 
   • You violate any provision of the regulations as may, in the opinion of Mama Mboga, warrant termination of the agreement.

Limitation of Liability

Mama Mboga will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this agreement/website/Mama Mboga service:

1. To the extent that the website is provided free-of-charge, for any direct loss;
2. For any indirect, special or consequential loss; or 
3. For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Indemnification

You hereby indemnify Mama Mboga and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to reasonable legal fees) arising out of any breach by you of any provision of this agreement, or arising out of any claim that you have breached any provision of this agreement.

Governing Law

This Agreement will be governed by, and construed in accordance with the Laws of Kenya and the parties irrevocably submit to the exclusive jurisdiction of the Kenyan Courts.